By Ogden                                               S.B. No. 889
         77R3466 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of certain overweight vehicles on a
 1-3     highway.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 622.013, Transportation Code, is amended
 1-6     by adding Subsection (c) to read as follows:
 1-7           (c)  A copy of the bond shall be:
 1-8                 (1)  carried on the vehicle when the vehicle is on a
 1-9     public highway; and
1-10                 (2)  presented to an officer authorized to enforce this
1-11     chapter on request of the officer.
1-12           SECTION 2. Section 622.017, Transportation Code, is amended
1-13     by amending Subsection (b) and adding Subsection (d) to read as
1-14     follows:
1-15           (b)  Except as provided by Subsections [Subsection] (c) and
1-16     (d), an offense under this section is a misdemeanor punishable:
1-17                 (1)  by a fine of not more than $200;
1-18                 (2)  on conviction within one year after the date of a
1-19     prior conviction under this section that was punishable under
1-20     Subdivision (1), by a fine of not more than $500, by confinement in
1-21     the county jail for not more than 60 days, or by both the fine and
1-22     the confinement; or
1-23                 (3)  on conviction within one year after the date of a
1-24     prior conviction under this section that was punishable under
 2-1     Subdivision (2) or this subdivision, by a fine of not more than
 2-2     $1,000, by confinement in the county jail for not more than six
 2-3     months, or by both the fine and the confinement.
 2-4           (d)  A person commits an offense if the person fails in
 2-5     violation of Section 622.013(c) to carry or present the copy of the
 2-6     bond filed with the department.  An offense under this subsection
 2-7     is a misdemeanor punishable by a fine not to exceed $200.
 2-8           SECTION 3. Section 622.133, Transportation Code, is amended
 2-9     to read as follows:
2-10           Sec. 622.133.  AXLE-LOAD RESTRICTIONS. A single vehicle used
2-11     exclusively to transport recyclable materials may be operated on a
2-12     public highway only if the tandem axle load is not heavier than
2-13     44,000 pounds, a single axle load is not heavier than 21,000
2-14     pounds, and the gross load is not heavier than 64,000 pounds.
2-15           SECTION 4. Section 622.134, Transportation Code, is amended
2-16     by adding Subsection (d) to read as follows:
2-17           (d)  A copy of the bond shall be:
2-18                 (1)  carried on the vehicle when the vehicle is on a
2-19     public highway; and
2-20                 (2)  presented to an officer authorized to enforce this
2-21     chapter on request of the officer.
2-22           SECTION 5. Section 622.136, Transportation Code, is amended
2-23     by amending Subsection (b) and adding Subsection (d) to read as
2-24     follows:
2-25           (b)  Except as provided by Subsections [Subsection] (c) and
2-26     (d), an offense under this section is a misdemeanor punishable:
2-27                 (1)  by a fine not to exceed $200;
 3-1                 (2)  on conviction within one year after the date of a
 3-2     prior conviction under this section that was punishable under
 3-3     Subdivision (1), by a fine not to exceed $500, by confinement in
 3-4     the county jail for not more than 60 days, or by both the fine and
 3-5     confinement; or
 3-6                 (3)  on conviction within one year after the date of a
 3-7     prior conviction under this section that was punishable under
 3-8     Subdivision (2), by a fine not to exceed $1,000, by confinement in
 3-9     the county jail for not more than six months, or by both the fine
3-10     and confinement.
3-11           (d)  A person commits an offense if the person fails in
3-12     violation of Section 622.134(d) to carry or present the copy of the
3-13     bond filed with the department.  An offense under this subsection
3-14     is a misdemeanor punishable by a fine not to exceed $200.
3-15           SECTION 6. Section 623.163, Transportation Code, is amended
3-16     by adding Subsection (d) to read as follows:
3-17           (d)  A copy of the bond shall be:
3-18                 (1)  carried on the vehicle when the vehicle is on a
3-19     public highway; and
3-20                 (2)  presented to an officer authorized to enforce this
3-21     chapter on request of the officer.
3-22           SECTION 7. Section 623.165, Transportation Code, is amended
3-23     by amending Subsection (b) and adding Subsection (d) to read as
3-24     follows:
3-25           (b)  Except as provided by Subsections [Subsection] (c) and
3-26     (d), an offense under this section is a misdemeanor punishable:
3-27                 (1)  by a fine of not more than $200;
 4-1                 (2)  on conviction within one year after the date of a
 4-2     prior conviction under this section that was punishable under
 4-3     Subdivision (1), by a fine of not more than $500, by confinement in
 4-4     the county jail for not more than 60 days, or by both the fine and
 4-5     the confinement; or
 4-6                 (3)  on conviction within one year after the date of a
 4-7     prior conviction under this section that was punishable under
 4-8     Subdivision (2) or this subdivision, by a fine of not more than
 4-9     $1,000, by confinement in the county jail for not more than six
4-10     months, or by both the fine and the confinement.
4-11           (d)  A person commits an offense if the person fails in
4-12     violation of Section 623.163(d) to carry or present the copy of the
4-13     bond filed with the department.  An offense under this subsection
4-14     is a misdemeanor punishable by a fine not to exceed $200.
4-15           SECTION 8. This Act takes effect September 1, 2001.